New-York tribune. [volume] (New York [N.Y.]) 1866-1924, 1887-04-28

1900
THE ST. LOUIS AND SAN FRANCISCO BOOKS.
END OF THE HEARING BEFORE THE REFEREE-A
WITNESS WITH LITTLE INFORMATION.
The legal struggle over the books of the st. Louis
aud San francisco Railroad was continued by John
r. Dos Passos yesterday before Referee George II.
Forster. The referee will this morning report the
testimony and proceedings before him to the supreme
Court, aud the motion tor q maudamus to compel the
railroad company to show Its books will De renewed
before Judge Donohue. Messrs Burrill and Lauter-
bach appeared tor the company in Yesterdays pro
ceedngs, and Walker Del Mar, 10 whose name tine
proceedings taken, present as Witness pot
Mr.. Dos Passos did not call him.
Flank G. Butler clerk in the Office OF the railroad
company, called to be cross-examined upon All
AFFIDAVIT. that he had made In the case and between
him and Mr.. Dos PassOs there was lively bout.
lasting between two and three hours. the witness
persisting in indefinite answers In whicn tue recu
renee OF the words may y and possibly" threat
ened to get the better OF Mr. Dos Passos's temper
The following is a specimen OF his evidence:
Odd you ever sign yourself transfer clerk
A-No sir.
Q-Neveri Al cannot say never I may pos
sibiy have written transfer clerk once. l may have
done so Within the month.
Q-How many books are there IN your 9 no Smce !
Al do not know. should say less than 1O,oOO.
Q.-Name some of the books theref Al couid
not do that. H..
rorv and a Poor's Manual. and he thought cash
hook Then there were certificate books, and reg
istry books for the registering OF bonds and It was
very likely they had memorandum book IN when the
transfers OF stock entered but Of that he could
not oe positive He had not seen It within week
He might have done so, but was not certain. Mr.
Dos Passos nskod him it he knew the penalty ior
swearing falsely and Mr.. Burrl vigorously objected
The referee after hearing both sides argue the point
decided that the witness might be asked he Knew
the nature OF an oath he wac asked TO
If he ever wrote In the book labelled transfer
Very coolly he replied:"I may have DONE" MT
Dos Passes tried in various ways to surprise MN ip'p
O direct answer, but the nearest he got to IT was
may have done so, not knowing that did 60. Mr.
Burr suggested that the witness did not know what
renewed At length he admitted that there was
book labelled transfers -; this highly important
admission nad taken over halt an hour to get.
The witness said he had written in the book, and
that he generally received stock certificates to be
exchanged. He told all applying for such transfers
that they made here, and thew could have
the new certificates by o'clock the next day. A
number of young fellows we're marshalled up TO the
table, and he was asked ii he had made the state.
Inent to them. He believed he had to Messrs David
and Lynch. Then he described how the new certif
Gates made out by him, signed by the officers OF
the company, sent to the Metropolitan Trust Com
pany registry and the old certificates sent to the
transfer OF the company at ST. Louis. He had made
made memorandum of the stockholders for hnnself,
he said but the advice OF Mr. Burr he refused 10
produce it. go
from Messrs. Oppenheimer & Co., ihquiring ABOUT
the OF their stock. The stocks were checked
of In red pencil and In the corner WAS written
Correct +. 7. Butler trans. clerk" he admitted
having signed that, but denied that he said to MT
Del Mar that he transfer clerk. He merely said
that he did the transferring
In reply to Mr. Burrll the witness said the lists Oh
stockholders were made in st. Louis they had not
the means OF doing it in New-York lie wrote hrs
name as transfer clerk Oppenhemers letter at tho
order OF Secie tary Lille to snow Dir. Lille said
that the statement had been examined. lilo could
not make correct list OF Stockholders. Mr.. Dos
Passos asked Why and the explanation OF the witness
H.. n,tstaG aa In tla inf
stockholders and the number OF shares on his memoir
andum books
After calling Richard J. Lynch to testify that he
had taken many thousands of certificates OF
stock 10 Mr. Butler for transfer Mr. Dos
Passos proposed to rest his case. Mr.. Burrill
attend yesterday, 70 explain Why he had directed
Butler to sign himself transfer clerk The referee said
that the motives of the secretary of the company In
directing Butler TO sign transfer clerk II he wns not
transfer clerk, had nothing TO do with the matter.
Mr. BuIrill was DESTROYS of having Mr.. Lilies
testimony on this point, however, and II was
agreed that he should be permitted to make an
affidavit.
The motion to punish the officers Of the railroad
for contept OF court Ia not obeyug order
to appear before the referee Was argued yesterday
before Justice Donohue in the Supreme Court,
Chambers. Mr.. Dos Passos maintained that II was
AN &c case Of contempt aud that they should
DO committed to Jail and not merely fined. Mr.. Bur:
rtll claimed that the defendants had acted In good
faith and in accordance with his legal advice and that
tho subpenas had been improperly served. His as
sociatc Edward Lauterbach, sustained this view.
The decision was reserved.
The hearing OF the motion Of X. L. Oppenhcim for
mandamus against the same company tor a similar
purpose was adjourned until to-day.